From Casetext: Smarter Legal Research

In re Dakin

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 2010
75 A.D.3d 639 (N.Y. App. Div. 2010)

Opinion

Nos. 2009-03807, Docket No. F-554-04.

July 27, 2010.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated March 13, 2009, which denied his objections to an order of the same court (Raimondi, S.M.), dated January 26, 2009, which, after a hearing, found that he was in willful violation of a prior support order of the same court dated March 22, 2004.

Del Atwell, East Hampton, N.Y., for appellant.

Before: Covello, J.P., Santucci, Angiolillo and Dickerson, JJ.


Ordered that the order dated March 13, 2009, is affirmed, without costs or disbursements.

A determination by a support magistrate that a person is in willful violation of a support order and recommending commitment has no force and effect until confirmed by a Judge of the Family Court ( see Family Ct Act § 439 [a]). Such a determination by a support magistrate does not constitute a final order to which a party may file written objections ( see Family Ct Act § 439 [e]). Here, the father improperly filed written objections to the nonfinal determination of the Support Magistrate dated January 26, 2009. Accordingly, in the order dated March 13, 2009, the Family Court correctly denied the father's objections. The father failed to pursue his sole remedy, which was to appeal from the final order of the Family Court dated January 26, 2009, confirming the Support Magistrate's determination ( see Matter of Roth v Bowman, 245 AD2d 521, 522; Family Ct Act § 1112).

The remaining contentions are either without merit or not properly before this Court.


Summaries of

In re Dakin

Appellate Division of the Supreme Court of New York, Second Department
Jul 27, 2010
75 A.D.3d 639 (N.Y. App. Div. 2010)
Case details for

In re Dakin

Case Details

Full title:In the Matter of NINA DAKIN, Respondent, v. JAMES DAKIN, JR., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 27, 2010

Citations

75 A.D.3d 639 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6242
904 N.Y.S.2d 677

Citing Cases

Henry v. Greenidge

“A determination by a support magistrate that a person is in willful violation of a support order and…

Flanagan v. Flanagan

“A determination by a support magistrate that a person is in willful violation of a support order and…